That means the purchase will bypass the congressional review requirement for foreign military sales. Such determinations are rare, but not unprecedented, when administrations see an urgent need for weapons to be delivered without waiting for lawmakers’ approval.
“The United States is committed to the security of Israel, and it is vital to U.S. national interests to assist Israel to develop and maintain a strong and ready self-defense capability. This proposed sale is consistent with those objectives,” the department said in a statement. “Israel will use the enhanced capability as a deterrent to regional threats and to strengthen its homeland defense.”
The sale is worth $106.5 million and includes 13,981 120 mm High Explosive Anti-Tank Multi-Purpose with Tracer tank cartridges as well as U.S. support, engineering and logistics. The materiel will come from Army inventory.
Bypassing Congress with emergency determinations for arms sales is an unusual step that has in the past met resistance from lawmakers, who normally have a period of time to weigh on proposed weapons transfers and, in some cases, block them.
In May, 2019, then-Secretary of State Mike Pompeo made an emergency determination for an $8.1 billion sales of weapons to Saudi Arabia, the United Arab Emirates and Jordan after it became clear that the Trump administration would have trouble overcoming lawmakers’ concerns about the Saudi- UAE-led war in Yemen.
Pompeo came under heavy criticism for the move, which some believed may have violated the law because many of the weapons involved had yet to be built and could not be delivered urgently. But he was cleared of any wrongdoing after an internal investigation.
At least four administrations have used the authority since 1979. President George H.W. Bush’s administration used it during the Gulf War to get arms quickly to Saudi Arabia.